WEBB V. TEXAS 409 U.S. 95 (1972) CASE BRIEF

WEBB V. TEXAS

409 U.S. 95 (1972)

NATURE OF THE CASE: This was an appeal from a conviction of burglary.

FACTS: Webb (D) was on trial for burglary and during a jury recess a witness he was calling to the stand was severely admonished by the judge to tell the truth or suffer severe consequences. The witness had a prior criminal record and was serving a sentence. D's counsel objected to the lecture given by the judge in that he was putting the witness under duress and coercion and was depriving D of the only witness to testify for him. The witness refused to testify and a subsequent motion for mistrial was overruled. D appealed; the judge's conduct deprived him of a due process. The court of criminal appeals rejected D's appeal because counsel for D did not object to what the judge was doing until he was finished.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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